1, "contact", that is, the opportunity to contact the last work;

2. "Basic similarity" means that the parts that should be protected by copyright are basically similar.

When determining whether the original and defendant's works are "substantially similar", the copyright-protected part of the plaintiff's works should be compared with the corresponding part of the defendant's works to determine whether they are substantially similar.

Intellectual property rights include: patent right, copyright, prevention of unfair competition, source mark, name of origin, trade secret, trademark right, name of manufacturer, other intellectual achievements and new plant varieties. Intellectual property refers to the exclusive rights enjoyed by intellectual labor according to law.

legal ground

Copyright law of the people's Republic of China

Article 3 The people's court shall comprehensively consider such factors as the type of the infringed intellectual property object, the status of rights, the popularity of related products, and the relationship between the defendant and the plaintiff or interested party.

Under the following circumstances, the people's court may preliminarily determine that the defendant intentionally infringed intellectual property rights:

(1) After being notified and warned by the plaintiff or interested party, the defendant continues to commit the infringement;

(2) The defendant or his legal representative or manager is the legal representative, manager or actual controller of the plaintiff or interested party;

(3) There are labor, labor, cooperation, licensing, distribution, agency and representative relationships between the defendant and the plaintiff or interested parties, and they have been exposed to the infringed intellectual property rights;

(4) The defendant has business dealings with the plaintiff or interested parties, or has negotiated for the conclusion of a contract, and has been exposed to infringed intellectual property rights;

(5) The defendant has pirated or counterfeit registered trademarks;

(six) other circumstances that can be identified as intentional. Article 4 The people's court shall comprehensively consider the means and times of infringement, the duration, geographical scope, scale and consequences of infringement, the behavior of the infringer in litigation and other factors to determine the seriousness of the infringement of intellectual property rights.

If the defendant is under any of the following circumstances, the people's court may determine that the circumstances are serious:

(a) the same or similar infringement is committed again after being subjected to administrative punishment for infringement or being investigated for responsibility by the court;

(2) Infringement of intellectual property rights;

(3) Forging, destroying or hiding evidence of infringement;

(4) Refusing to perform the preservation ruling;

(five) the infringement gains or the obligee suffers huge losses;

(six) the infringement may endanger national security, public interests or personal health;

(seven) other circumstances that can be identified as serious.